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C
Preface
practicability of a law will and the expediency of
risking the establishment of it will often depend upon
the terms in which it is conceived. In certain
respects the application of it could may even by means this means acquire
an additional chance of being of use.
The One great point in regard to offences for example
is to settle the idea of the offence: to distinguish
it from innocence on the one hand,
and from different modes of delinquency on
the other. In such cases the work if executed
upon an improved plan & may be of as
much use to o any who should disapprove of
the provisions recommended as to any who should
approve of them. Define your words says Locke: Define your them words says Helvetius: define them your words says Voltaire: + Define them for the rules of Physics; define them for the sake of Ethics: but above all define them for the sake of law. Philosophers I have defined my words: and with more especial care, where with virtuous presumptuous grasp I have seized taken in hand the sceptre of legislation. A certain method of treating
an offence is recommended: a legislator upon
casting an eye consideration of that method may
disapprove of it, and may even think proper
to treat the offence in a method perfectly
opposite: still however the description of the
offence may be of use to him. It may appear
to him more accurately described here than
hes he has seen it elsewhere. In consequence
he may think proper to adopt this description;
changing only a word or two for the purpose of
Define your words, says every man who knows the use of them - value of them, who knows the use of them, & who knows understands the things they are wanted to express
C
Preface
I have already intimated that if this
work can be brought into composition with any
authoritative body of law can be proposed as
an example of what may be expected in this
work this work is designed to
represent, it can only be after deducting such
parts provisions as depend upon the and have a
necessary reference to the particular local exigencies
of the country in which the any such particular body
of law bears sway. For the present work is
not calculated for the mundane of any one
country in particular more than another. It
is adapted to the circumstances use of all countries
alike: at least of all countries in which there
is the any least imaginable chance of it's finding
readers. In the detail that is in the enacting
part Wherever therefore it enters into those details
into which it is necessary that the
enacting for in order to exhibit represent the
tenor of the law it is necessary
it should enter, it proceeds takes into consideration
only what is proper to be done in such
circumstances as are common to all countries alike.
If it is good can be of use here, it will may be good of use on the other side of the channel: if it is can be of use today it will may be of use tomorrow. Nay more if it be of use under one form of government it will be of use under another. & it is of use in the fore mixed government under which it is written it will be of use under a republic or under a pure monarchy.
Identifier: | JB/027/045/001 "JB/" can not be assigned to a declared number type with value 27.
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penal code |
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preface |
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jeremy bentham |
[[watermarks::r williams [britannia with shield motif]]] |
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c. hamilton |
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